Sleep apnea decisions — 2017

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The Veteran's service-connected Major Depression and Lumbosacral Strain with Spondylolysis have rendered him unable to secure or follow substantially gainful employment, meeting the criteria for a TDIU rating.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner to address whether the Veteran's sleep apnea is related to service and/or secondary to his service-connected primary insomnia/generalized anxiety disorder. The examiner should also consider the significance of 'REM sleep' and the Veteran's weight in their opinions.

The Board has determined that the Veteran's insomnia is not service-connected, as it is a symptom of his non-service connected psychiatric disorder. The sleep apnea was not shown to have its onset in service and is not otherwise related to active duty.

The Board denied the Veteran's claims for service connection for a heart condition and a rating in excess of 30 percent for nephropathy with hypertension and edema. The TDIU claim was granted, but at a lower rating than requested.

The Veteran's sleep apnea is found to have had its onset during active duty service. However, his hypercholesterolemia and hypertriglyceridemia are considered laboratory findings without associated disability.

The Veteran has withdrawn his appeals for the evaluations of PTSD and lumbosacral strain, as well as TDIU. The appeal is dismissed.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records and scheduling a new VA examination to assess the current severity of his service-connected lumbosacral degenerative disc disease.

The Veteran's claims for earlier effective dates and increased ratings have been denied. The effective date for the grant of service connection for sleep apnea is February 15, 2011, as this was the earliest possible date based on receipt of a formal claim. For the painful scar, head injury, an effective date prior to January 30, 2014, cannot be assigned because there is no evidence of a painful or unstable scar within one year prior to that date. The Veteran's PTSD and radiculopathy claims are also denied as they do not meet the criteria for earlier effective dates.

The Board has determined that the Veteran's current back and neck disabilities were not incurred in service or otherwise related to service. The evidence does not show a chronic disability within one year of separation, nor is there continuity of symptomatology.

The Board has determined that the Veteran's fibromyalgia is due to Gulf War Syndrome and granted service connection for this condition.

The Board has remanded the claim of entitlement to TDIU for further development due to other pending issues, including service connection claims for an acquired psychiatric disability and bilateral lower extremity neuropathy. The combined disability rating may be affected by these changes.

The Board has granted service connection for sleep apnea syndrome and migraines as secondary to the Veteran's service-connected conditions. The Veteran now has a grant of benefits for these issues.

The Board has determined that additional development is needed to ensure the Veteran's claims are evaluated properly, including obtaining medical opinions regarding the nature and etiology of his hypertension, peripheral vascular disease, and sleep apnea.

The Veteran has withdrawn all pending appeals regarding the claims of service connection for breathing problems and Gulf War Syndrome. The Board therefore dismisses these appeals.

The Board found that the Veteran's current sleep apnea is not of service origin and is neither caused nor aggravated by his service-connected PTSD.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting a VA examination.

The Veteran's claim for increased ratings for lumbosacral strain was denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to February 2, 2015 and did not meet the criteria for a higher rating from February 2, 2015.

The Board found no evidence linking the Veteran's current sleep apnea to his military service and denied his claim for service connection.

The Board has decided to remand the case for additional development, including locating and associating articles submitted by the Veteran at a previous hearing with his electronic VA record, and obtaining an addendum opinion from the July 2016 VA examiner.